Facts

Plaintiff, 20-year-old Austin Reilly, sued Foothill Pizza, Inc. dba Domino's Store #8174, and one of its delivery drivers, defendant Michael Charles Parker, in relation to an incident that occurred on Jan. 2, 2016 when he was having a party in his parents' garage.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that after he ordered pizza from defendant and Parker delivered the pizza several hours late, an altercation ensued. He contended that he asked Parker to get off his property, and that Parker refused. Plaintiff contended that Parker used a box cutter, supplied by Foothill Pizza for store use, and attacked plaintiff, which resulted in cuts on plaintiff's neck, hands, and wrists. Plaintiff testified that he thought Parker was trying to kill him. Plaintiff contended that Parker was in the course and scope of employment for Foothill Pizza, and as such, Foothill Pizza was vicariously liable for Parker's conduct.
Plaintiff claimed that Foothill Pizza was negligent in hiring Parker because he had two prior felony convictions and that Foothill Pizza knew Parker's criminal history.
Plaintiff also claimed that Foothill Pizza breached its duty of care by (1) failing to follow industry standards pertaining to food service delivery; (2) failing to adequately monitor the fitness of their delivery personnel; and (3) failing to perform reasonable background checks on delivery personnel to ensure and/or provide for the reasonable safety of its customers.

DEFENDANT'S CONTENTIONS: Foothill Pizza admitted vicarious liability for Parker's conduct during the incident. However, defendants contended that surveillance footage showed that plaintiff was the aggressor, was the first to strike Parker, and that Parker took numerous defensive actions while retreating before ultimately striking plaintiff in self-defense. Foothill Pizza denied having knowledge of Parker's criminal history.

Insurer

Liberty Mutual

Settlement Discussions

Foothill Pizza and Parker made a joint CCP Offer to Compromise for $150,000 prior to trial. Plaintiffs also made collective CCP Offers to Compromise to defendants for $4 million.

Specials in Evidence

Meds: $2,300.

Injuries

Plaintiff suffered headaches; approximate five-inch laceration in his face; left ear laceration; left side of his neck, laceration causing stiffness, throbbing pain; right shoulder stiffness and pain; left wrist, two extender tendons cut; permanent nerve damage, stiffness, dull tingling sharp, shooting pain as well as a scar; right hand tingling, shooting pain, nerve damage, and two cuts, specifically to the tips of his fingers; and right hip/abdomen throbbing pain due to a cut.

Result

The jury determined that plaintiff did not establish any evidence to support his four causes of action, for negligence, assault, battery, or intentional infliction of emotional distress and rendered a defense verdict.

Deliberation

three hours

Poll

12-0

Length

six days